I bring this issue up because the Domestic violence State Laws have gone too far. Specifically because it Requires the Texas Law Enforcement officer to make an Arrest, regardless if the person thAt called 911 wants to press charges. Here is an example, a happily married couple where both had too many cocktails start arguing and each threatens another, one calls 911 the Police show up and ask what happened, was anyone injured. Regardless if the argument has calmed down and the person that called said the shouldn't have, the police are mandated to arrest one of both. Wrong. My Aunt 50 at the time three a plate of spaghetti at my uncle Pete. Back then that was not something that he would call 911 for. These days a drunk person might call to be vindictive. Not because they tell assulted. To require officers to be the judge, in the spot is unconstitutional IMO. If you do not already know thus, here is a fact. There is a rising number of women being arrested when the Police show up, regardless if she or he called 911. This offense is always considered a felony. There is no discretion for lowering it to a misdemeanor until Council meets with prosecution and tries to bargzin. In the mean time the Court will order the couple not live together. Really? What are your thoughts on this?
Well it happened to my sister and her husband here in texas. The law was changed years ago taking away the right of Officers to make a decision based on what they encounter when they arrive at the address of a 911 call. Regardless if the caller tries to call back and stop the Police from coming. Regardless if when the Police arrived the couple's argument is over. Regardless if a male or female calls and regardless if the caller wants to press charges and regardless if either has a scratch on them. Apparently, these days a heated argument is considered domestic violence. Want to get back at a spouse call 911. If the spouse has been drinking, they will likely be arrested. If you know anyone that has gone through this, please post. Read you own State and local police Departments Statues and procedures.
There are states where the cops are required to remove one of the parties from the home if there is a domestic dispute; this applies even if the complaint comes from someone outside the home. Some of these states will not allow the complainant to drop charges. The logic there is that it is the people of the state bringing charges. Seen it happen. So the husband got fined for domestic violence. Unfortunately, that took money from the wife as well, as it was a joint bank account. It's a good thing.
What is called Domestic Violence today is way too broad. My Aunt could have been arrested today if she did what she did in the 60s, threw a plate of spaghetti at my Uncle. Laws must be reasonable. This Law often does cost the family a large amount of money. Bail, legal fees, loss of income due to court dates. It is only a good thing where there was actuall, harmful violence, not arguments that do not result in injury. More a more women are being arrested and not the man. Especially when she has no injuries, bruises, ect.
I completely agree. "Domestic violence" is a spectrum. On one end of the spectrum we are talking about something that is not uncommon once in a while among a large fraction of normal marriages. The problem with some of these laws are their loose and open-ended wording that conflates severe forms of abuse and domestic violence with minor or occasional "normal" domestic conflict. And these laws usually work against men, since the woman is frequently believed vulnerable and domestic violence coming from a woman is taken less seriously. Common for the man to be arrested after a mutual fight even though what the woman did was worse than what the man did. It's very common for women to lie and exaggerate in domestic quarrels too, while they are still in the emotion and anger of the moment. The police responding to domestic conflicts need to use some personal discretion and be able to draw a distinction between momentary anger and actual rational and substantive allegations of physical harm. It's denial to believe that minor domestic violence does not commonly occur in normal marriages, sometimes or occasionally, and it's going to be unhealthy and dysfunctional if we start treating it the same way that more severe assault and chronic domestic abuse is treated. I believe responding police are in a good position to make that determination for themselves. Sometimes the law could escalate things and greatly contribute to tearing apart marriages that could have survived otherwise.
Also consider that a man who is a gun collector, or enjoys recreational shooting, may find himself with no choice but to divorce if he enters a rough patch with his wife and his wife calls the police during a domestic quarrel. He may have to leave the marriage rather than risk the wife calling the police again and him being charged with domestic violence due to accusations the wife made while she was angry and not thinking completely clearly, since some states have strict laws regarding guns for any person convicted of a domestic violence offense, no matter minor, and the standard process in the courts is for men to be (practically) coerced into pleading guilty to avoid substantial jail time. (The man is charged with a law that could be punished with 2 years of prison, the prosecutor offers a deal that allows the man to avoid jail time, or only spend a month in jail, if he pleads guilty and agrees to a certain period of court-imposed restrictions. It's just standard practice to push men accused of domestic violence down that road, it almost never goes to trial. The real issue isn't the actual jail time but the civil rights the man loses when pleading guilty, which he is almost forced into doing.)
